Why You Should Never Take A Plea Bargain
A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a crime in exchange for a lighter sentence or other concessions.
Plea bargains are common in the criminal justice system, as they allow both parties to avoid the time and expense of a trial. They’re also offered when there’s a good possibility that the defendant would be convicted at trial.
There are many reasons why people might consider taking a plea bargain. However, there are also many good reasons why taking one might not be such a good idea. Let’s discuss them below.
6 reasons why you shouldn’t take a plea bargain
1. You could be pleading guilty to a crime you didn’t commit
The main reason why you shouldn’t take a plea bargain is that you could be pleading guilty to a crime you didn’t commit. This is especially true if you’re facing charges for a serious crime.
If you’re innocent, taking a plea bargain means that you’re giving up your right to a trial and the chance to prove your innocence.
2. The sentence you receive could be longer than if you went to trial
Another reason not to take a plea bargain is that the sentence you receive could be longer than the one you’d receive if you were convicted.
Despite prosecutors appearing to “sweeten the plea deal”, they could actually be giving you a worse deal. Whereas if you took your chances at trial and were convicted, you might get a more lenient sentence.
3. You waive important rights
When you take a plea bargain, you’ll be waiving important rights. For instance, you’d lose your right to appeal your conviction. This means that if new evidence later came up that would exonerate you, you wouldn’t be able to use it, as you’ll have already admitted your guilt.
4. The motives of your defense attorney might not be pure
Your defense attorney might be more interested in getting you to take a plea bargain than in winning your case. This could be because they’re working pro bono as a public defender and they want to get your case over with quickly.
It could be because they don’t think you have a strong enough case to win at trial and they don’t want the loss on their record. Or, in some rare cases, there may be financial incentives for your attorney to get you to take a plea bargain.
5. You’ll have a criminal record
Even if you don’t do any jail time, taking a plea bargain will still result in you having a criminal record. This could make it difficult for you to get a job, rent an apartment, or take out a loan.
A criminal record could also limit your travel options and affect your relationships with family and friends.
6. It sets a bad precedent
If you take a plea bargain and are then convicted of the same crime in the future, the sentence you receive will be harsher. This is because taking a plea bargain is seen as an admission of guilt.
It also sets a bad precedent for future cases. Let’s say you’re innocent but you accept a plea bargain instead of fighting your case. Well, if you’d fought and won, you’d have set a good precedent for other innocent people charged with the same crime. Your case would be used as “case law” to help in their defense.
But if you take a plea bargain, this makes it harder for future defendants who might be in the same situation as you were.
Final word
Every case is different, and there’s no easy answer as to whether or not you should take a plea bargain. You should always speak with an experienced criminal defense attorney to get their professional opinion on your specific case.
If you’re innocent, however, consider the repercussions of taking a plea bargain very carefully. You’d be pleading guilty to a crime you didn’t commit and waiving important rights, like the right to a fair trial.
You should also be aware of the potential conflicts of interest that might exist with your criminal defense attorney. If they’re more interested in getting you to take a plea bargain than in clearing your name, this could be a red flag.
In the end, it’s important to remember that taking a plea bargain is a big decision with lifelong consequences. If you’re facing criminal charges, make sure you understand all of your options before making a decision.
